New Jersey, North Carolina, and New Mexico are urging the U.S. Environmental Protection Agency (EPA) to add four PFAS chemicals—PFOA, PFOS, PFNA, and GenX—to the list of Hazardous Air Pollutants (HAPs) under the Clean Air Act. The Petition highlights the environmental and health risks posed by PFAS, particularly their persistence in the atmosphere and potential to contaminate soil and water.

While these chemicals are best known for their contamination of drinking water, the release of PFAS into the air has become an increasing concern. According to the Petition, airborne PFAS can settle on land or water bodies, leading to the same contamination problems seen in groundwater, but over potentially wider areas.

The Petition and Its Key Points

The Petition outlines the dangers of PFAS emissions from industrial sources and requests that the EPA formally recognize them as HAPs under the Clean Air Act. If this request is approved, industries that release PFAS into the atmosphere would be subject to stricter regulations aimed at controlling and reducing emissions. Specifically, these industries would have to adopt Maximum Achievable Control Technology (MACT) standards, requiring them to limit emissions to the lowest feasible levels using the best available technology.

The Petition highlights that airborne PFAS emissions contribute to widespread environmental contamination, affecting both air and water quality. It also stresses that these pollutants do not break down naturally and can travel significant distances, leading to far-reaching impacts. Listing PFAS as HAPs would require industries to report their emissions, install advanced emission control technologies, and undergo more rigorous permitting processes.

Health and Environmental Impact

The health risks associated with PFAS exposure are well-documented, including cancer, liver toxicity, and developmental issues in children. In particular, PFOA and PFOS—two of the four PFAS named in the petition—have been studied extensively and are linked to severe long-term health effects. GenX and PFNA, though less widely studied, are believed to pose similar risks.

By tackling PFAS through the lens of air pollution, the Petition takes a broader view of the risks these chemicals pose, recognizing that PFAS emissions can contribute to contamination beyond localized water sources. The states argue that regulating PFAS emissions under the Clean Air Act is a necessary step in protecting public health and preventing the chemicals from entering the environment through multiple pathways.

Overall, the Petition underscores the urgency of addressing PFAS pollution from all angles, including air emissions, and represents a new frontier in the regulation of PFAS. The Petition highlights the growing concern regarding the presence of PFAS in more than just drinking water and the associated impacts to human health and the environment. For further information regarding PFAS in pesticides, contact a member of Taft’s Environmental group.